Criminal Justice and Courts Bill (HL Bill 49)

(a) the document is one in relation to which section 16A(1)(c) is
satisfied, or

(b) section 16A(4) applies to the information in that document (as
the case may be).

(2) 5Subsection (1) does not prevent a court taking into consideration the
nature of the evidence placed before it when deciding whether it is
appropriate to try the written charge in accordance with section 16A.

(3) In this section “statement” means any representation of fact or
opinion.”

48 10Trial by single justice on the papers: sentencing etc

In section 121 of the Magistrates’ Courts Act 1980 (constitution etc of a
magistrates’ court), after subsection (5) insert—

“(5A) A magistrates’ court that is trying a summary offence in accordance
with section 16A is restricted to the following in dealing with the
15accused for the offence—

(a) imposing a fine;

(b) imposing a penalty under section 102(3)(aa) of the Customs and
Excise Management Act 1979 or section 29, 35A or 37 of the
Vehicle Excise and Registration Act 1994 (penalties imposed for
20certain offences in relation to vehicle excise licences);

(c) ordering an amount to be paid under section 30, 36 or 38 of the
Vehicle Excise and Registration Act 1994 (liability to additional
duty);

(d) making an order under section 130(1) of the Powers of Criminal
25Courts (Sentencing) Act 2000 (compensation orders);

(e) ordering payment of a surcharge under section 161A of the
Criminal Justice Act 2003 (victim surcharge);

(f) making an order as to costs to be paid by the accused to the
prosecutor under section 18 of the Prosecution of Offences Act
301985;

(g) making an order as to costs to be paid by the accused by virtue
of section 19 of the Prosecution of Offences Act 1985;

(h) ordering payment of a charge under section 21A of the
Prosecution of Offences Act 1985 (criminal courts charge);

(i) 35making an order under section 30A of the Road Traffic
Offenders Act 1988 (order to disregard penalty points if
approved course attended);

(j) making an order under section 34 or 35 of the Road Traffic
Offenders Act 1988 (disqualification from driving);

(k) 40making an order under section 44 of the Road Traffic Offenders
Act 1988 (endorsement of a driving record);

(l) making an application to the Secretary of State by virtue of
section 24(1)(a) of the Criminal Justice Act 1991 (benefit
deductions);

(m) 45making an attachment of earnings order under Part 3 of
Schedule 5 to the Courts Act 2003;

(n) making an application for benefits deductions to the Secretary
of State under Part 3 of Schedule 5 to the Courts Act 2003;

(o) making a collection order under Part 4 of Schedule 5 to the
Courts Act 2003;

(p) discharging the accused absolutely or conditionally.

(5B) The limit in subsection (5) does not apply to fines imposed as described
5in subsection (5A).”

49 Further amendments

Schedule 11 contains further amendments relating to the provision made by
sections 45 to 48.

Time limit for bringing certain criminal proceedings

50 10Offence of making improper use of public electronic communications
network

(1) In section 127 of the Communications Act 2003 (improper use of public
electronic communications network), at the end insert—

“(5) An information or complaint relating to an offence under this section
15may be tried by a magistrates’ court in England and Wales or Northern
Ireland if it is laid or made—

(a) before the end of the period of 3 years beginning with the day
on which the offence was committed, and

(b) before the end of the period of 6 months beginning with the day
20on which evidence comes to the knowledge of the prosecutor
which the prosecutor considers sufficient to justify proceedings.

(6) Summary proceedings for an offence under this section may be
commenced in Scotland—

(a) before the end of the period of 3 years beginning with the day
25on which the offence was committed, and

(b) before the end of the period of 6 months beginning with the day
on which evidence comes to the knowledge of the prosecutor
which the prosecutor considers sufficient to justify proceedings,

and section 136(3) of the Criminal Procedure (Scotland) Act 1995 (date
30when proceedings deemed to be commenced) applies for the purposes
of this subsection as it applies for the purposes of that section.

(7) A certificate of a prosecutor as to the date on which evidence described
in subsection (5)(b) or (6)(b) came to his or her knowledge is conclusive
evidence of that fact.”

(2) 35The amendment made by this section applies only in relation to an offence
committed on or after the day on which it comes into force.

Committal to Crown Court

51 Low-value shoplifting: mode of trial

(1) In section 22A of the Magistrates’ Courts Act 1980 (low-value shoplifting), in
40subsection (2) (right to elect trial by Crown Court), for paragraph (b)

substitute—

“(b) the court must proceed in relation to the offence in accordance
with section 51(1) of the Crime and Disorder Act 1998.”

(2) In section 51 of the Crime and Disorder Act 1998 (sending cases to Crown
5Court: adults), in subsection (2)(b), after “21,” insert “22A(2)(b),”.

52 Committal of young offenders convicted of certain serious offences

(1) In section 3B of the Powers of Criminal Courts (Sentencing) Act 2000
(committal for sentence on indication of guilty plea by child or young person),
for subsection (1) substitute—

“(1) 10This section applies where on the summary trial of an offence
mentioned in section 91(1) of this Act a person aged under 18 is
convicted of the offence.”

(2) For the heading of that section substitute “Committal for sentence of young
offenders on summary trial of certain serious offences”.

(3) 15The amendment made by subsection (1) applies only if the person convicted of
the offence first appeared in respect of the offence after the day on which the
amendment comes into force.

(4) For the purposes of subsection (3), a person first appears in respect of an
offence when the person first appears or is brought before a magistrates’ court
20in the proceedings in which the person is charged with the offence.

Costs of criminal courts

53 Criminal courts charge

(1) In the Prosecution of Offences Act 1985, after Part 2 insert—

“Part 2A

Court costs in criminal cases

21A Criminal courts charge

(1) 25A court mentioned in section 21B must, at the times listed there, order
a person convicted of an offence to pay a charge in respect of relevant
court costs, subject to—

(a) subsections (2) and (3), and

(b) section 21C.

(2) 30An order must not be made if the person was under 18 when the
offence was committed.

(3) An order must not be made in a case or class of case prescribed by the
Lord Chancellor by regulations.

(4) A court must not take into account the duty under subsection (1) or any
35order under this section when dealing with a person (other than under
this section) for an offence or for a failure to comply with a requirement
mentioned in section 21B.

(5) In this section—

• “court costs” means costs of providing the judiciary and the rest of
  the system of courts, but does not include defence or
  prosecution costs;

• 5“relevant court costs” means court costs incurred in connection
  with criminal proceedings or proceedings for a failure to
  comply with a requirement mentioned in section 21B, but does
  not include costs of providing the Supreme Court or judges of
  that Court.

21B 10Criminal courts charge: courts and times

(1) A magistrates’ court must make an order under section 21A at the
following times—

(a) when dealing with the person for the offence;

(b) when dealing with the person under Schedule 8 to the Criminal
15Justice Act 2003 for failure to comply with any of the
requirements of a community order;

(c) when dealing with the person under Schedule 12 to the
Criminal Justice Act 2003 for failure to comply with any of the
community requirements of a suspended sentence order;

(d) 20when dealing with the person under section 256AC of the
Criminal Justice Act 2003 for failure to comply with a
supervision requirement imposed under section 256AA of that
Act.

(2) The Crown Court must make an order under section 21A at the
25following times—

(a) when dealing with the person for the offence;

(b) when dealing with the person under Schedule 8 to the Criminal
Justice Act 2003 for failure to comply with any of the
requirements of a community order;

(c) 30when dealing with the person under Schedule 12 to the
Criminal Justice Act 2003 for failure to comply with any of the
community requirements of a suspended sentence order;

(d) when dismissing an appeal by the person against conviction or
sentence for the offence.

(3) 35The Court of Appeal must make an order under section 21A at the
following times—

(a) when dismissing an appeal under Part 1 of the Criminal Appeal
Act 1968 against the person’s conviction or sentence for the
offence;

(b) 40when dismissing an application for leave to bring such an
appeal.

21C Amount of criminal courts charge

(1) A charge ordered to be paid under section 21A must be of an amount
specified by the Lord Chancellor by regulations.

(2) 45When specifying amounts under this section, the Lord Chancellor must
seek to secure that an amount specified in respect of a class of case does
not exceed the relevant court costs reasonably attributable to a case of
that class.

(3) In this section “relevant court costs” has the same meaning as in section
21A.

21D Interest on criminal courts charge

(1) The Lord Chancellor may by regulations provide that a person who is
5ordered to pay a charge under section 21A must pay interest on the
charge if or to the extent that it remains unpaid.

(2) The regulations may, in particular—

(a) make provision about the rate of interest,

(b) make provision about periods when interest is or is not payable,
10and

(c) make provision by reference to a measure or document as
amended from time to time.

(3) The regulations may not make provision for a rate of interest that is
higher than the rate that the Lord Chancellor considers would maintain
15the value in real terms of amounts that remain unpaid.

(4) An amount of interest payable under the regulations is to be treated as
part of the charge ordered to be paid under section 21A.

21E Power to remit criminal courts charge

(1) A magistrates’ court may remit the whole or part of a charge ordered
20to be paid by a person under section 21A, subject to the restrictions in
subsections (2) to (4).

(2) It may remit the charge only if—

(a) it is satisfied that the person has taken all reasonable steps to
pay it, having regard to the person’s personal circumstances, or

(b) 25it is satisfied that collection and enforcement of the charge is
impracticable.

(3) It may not remit the charge at a time when the person is detained in
prison.

(4) It may not remit the charge unless each of following has expired—

(a) 30a specified period beginning with the day on which an order
under section 21A was last made in respect of the person;

(b) a specified period beginning with the day on which the person
was last convicted of an offence;

(c) where relevant, a specified period beginning with the day on
35which the person was last released from prison.

(5) Where a court remits a charge under section 21A after an order has been
made under section 300(2) of the Criminal Justice Act 2003 (power to
impose unpaid work requirement etc on fine defaulter) for default in
paying the charge (or the charge and other amounts), the court must—

(a) 40reduce the total number of hours or days to which the order
relates by the same proportion as the amount remitted bears to
the total amount in respect of which the order was made, or

(b) if the total number of hours or days would be reduced to nil
under paragraph (a), revoke the order.

(6) In calculating a reduction required by subsection (5), any fraction of an
hour or day is to be rounded down to the nearest hour or day.

(7) In this section—

• “prison” includes any place where a person serving a sentence of
  5detention for an offence is liable to be detained;

• “specified period” means a period of a length specified by the Lord
  Chancellor by regulations.

21F Regulations under this Part

Regulations under this Part may include transitional, transitory and
10saving provision.”

(2) In Part 1 of Schedule 9 to the Administration of Justice Act 1970 (cases where
payment enforceable as on summary conviction)—

(a) after paragraph 9 insert—

“9A Where a court orders the payment of a charge in respect of
15relevant court costs under section 21A of the Prosecution of
Offences Act 1985.”,

(b) re-number paragraph 13 as paragraph 12A, and

(c) re-number paragraph 13A as paragraph 12B.

(3) Schedule 12 to this Act makes further provision about the criminal courts
20charge.

(4) Section 21A of the Prosecution of Offences Act 1985 applies only in relation to
a person convicted of an offence committed after that section comes into force.

54 Duty to review criminal courts charge

(1) After the end of the initial period, the Lord Chancellor must carry out a review
25of the operation of Part 2A of the Prosecution of Offences Act 1985 (inserted by
section 53).

(2) “The initial period” is the period of 3 years beginning with the day on which
section 53(1) comes into force.

(3) If the Lord Chancellor considers it appropriate, having regard to the
30conclusions reached on the review, the Lord Chancellor must by regulations
repeal Part 2A of the Prosecution of Offences Act 1985.

(4) Regulations under this section may include consequential, transitional,
transitory and saving provision, including provision amending an Act
(whenever passed or made).

(5) 35Regulations under this section are to be made by statutory instrument.

(6) A statutory instrument containing regulations under this section may not be
made unless a draft of the instrument has been laid before, and approved by a
resolution of, each House of Parliament.

Collection of fines etc

55 Variation of collection orders etc

(1) Schedule 5 to the Courts Act 2003 (collection of fines and other sums imposed
on conviction) is amended as follows.

(2) 5For paragraph 21 (application of Part 6: variation of collection orders
containing payment terms) substitute—

“21 This Part applies if—

(a) the court has made a collection order, and

(b) the order contains payment terms but does not contain
10reserve terms.”

(3) In paragraph 22 (variation of collection order)—

(a) omit sub-paragraph (1),

(b) in sub-paragraph (2), for “P may apply for” substitute “P may at any
time apply to the fines officer under this paragraph for”,

(c) 15in sub-paragraph (4)(a), omit “in P’s favour”,

(d) after sub-paragraph (4) insert—

“(4A) The fines officer may not vary the payment terms under sub-
paragraph (4)(a) so that they are less favourable to P without
P’s consent.”, and

(e) 20for sub-paragraph (7) substitute—

“(7) The fines officer may not vary the order so that it states
reserve terms which are less favourable to P than the
payment terms without P’s consent.”

(4) In paragraph 25 (application of Part 7: effect of first default on collection order
25containing payment terms), for paragraphs (a) and (b) substitute—

“(a) an application to a fines officer under paragraph 22
(application for variation of order or for attachment of
earnings order etc) that was made at a time when P was not
in default on the collection order;

(b) 30an appeal under paragraph 23 against a decision of a fines
officer on an application described in paragraph (a);”.

(5) In paragraph 31 (variation of reserve terms)—

(a) for sub-paragraph (1) substitute—

“(1) P may, at any time after the date of a payment notice under
35paragraph 30, apply to the fines officer for the reserve terms
to be varied.”,

(b) in sub-paragraph (3)(a), omit “in P’s favour”, and

(c) after sub-paragraph (3) insert—

“(3A) The fines officer may not vary the reserve terms under sub-
40paragraph (3)(a) so that they are less favourable to P without
P’s consent.”

(6) In paragraph 37 (functions of fines officer in relation to defaulters: referral or
further steps notice), in sub-paragraph (1)(c), for sub-paragraphs (i) and (ii)

substitute—

“(i) an application to a fines officer under paragraph 31
(application for variation of reserve terms) that was
made at a time when P was not in default on the
5collection order;

(ii) an appeal under paragraph 32 against a decision of a
fines officer on an application described in sub-
paragraph (i);”.

Civil proceedings relating to personal injury

56 10Personal injury claims: cases of fundamental dishonesty

(1) This section applies where, in proceedings on a claim for damages in respect of
personal injury (“the primary claim”)—

(a) the court finds that the claimant is entitled to damages in respect of the
claim, but

(b) 15on an application by the defendant for the dismissal of the claim under
this section, the court is satisfied on the balance of probabilities that the
claimant has been fundamentally dishonest in relation to the primary
claim or a related claim.

(2) The court must dismiss the primary claim, unless it is satisfied that the
20claimant would suffer substantial injustice if the claim were dismissed.

(3) The duty under subsection (2) includes the dismissal of any element of the
primary claim in respect of which the claimant has not been dishonest.

(4) The court’s order dismissing the claim must record the amount of damages
that the court would have awarded to the claimant in respect of the primary
25claim but for the dismissal of the claim.

(5) When assessing costs in the proceedings, a court which dismisses a claim
under this section must deduct the amount recorded in accordance with
subsection (4) from the amount which it would otherwise order the claimant to
pay in respect of costs incurred by the defendant.

(6) 30If a claim is dismissed under this section, subsection (7) applies to—

(a) any subsequent criminal proceedings against the claimant in respect of
the fundamental dishonesty mentioned in subsection (1)(b), and

(b) any subsequent proceedings for contempt of court against the claimant
in respect of that dishonesty.

(7) 35If the court in those proceedings finds the claimant guilty of an offence or of
contempt of court, it must have regard to the dismissal of the primary claim
under this section when sentencing the claimant or otherwise disposing of the
proceedings.

(8) In this section—

• 40“claim” includes a counter-claim and, accordingly, “claimant” includes a
  counter-claimant and “defendant” includes a defendant to a counter-
  claim;

• “personal injury” includes any disease and any other impairment of a
  person’s physical or mental condition;

Criminal Justice and Courts BillPage 58

• “related claim” means a claim for damages in respect of personal injury
  which is made—

  (a)

  in connection with the same incident or series of incidents in
  connection with which the primary claim is made, and

  (b)

  5by a person other than the person who made the primary claim.

(9) This section does not apply to proceedings started by the issue of a claim form
before the day on which this section comes into force.

57 Rules against inducements to make personal injury claims

(1) A regulated person is in breach of this section if—

(a) 10the regulated person offers another person a benefit or is treated as
doing so under subsection (4),

(b) the offer of the benefit is an inducement to make a claim in civil
proceedings for—

(i) damages for personal injury or death, or

(ii) 15damages arising out of circumstances involving personal injury
or death, and

(c) the benefit is not related to the provision of legal services in connection
with the claim.

(2) An offer of a benefit to another person is an inducement to make a claim if the
20offer of the benefit—

(a) is intended to encourage the person to make a claim or to seek advice
from a regulated person with a view to making a claim, or

(b) is likely to have the effect of encouraging the person to do so.

(3) An offer of a benefit may be an inducement to make a claim regardless of—

(a) 25when or by what means the offer is made,

(b) whether the receipt of the benefit pursuant to the offer is subject to
conditions,

(c) when the benefit may be received pursuant to the offer, or

(d) whether the benefit may be received by the person to whom the offer is
30made or by a third party.

(4) If a person other than a regulated person offers a benefit in accordance with
arrangements made by or on behalf of a regulated person—

(a) the regulated person is to be treated as offering the benefit, and

(b) the offer of the benefit is to be treated as satisfying subsection (2)(a) if
35the arrangements were intended to encourage people to make claims or
seek advice from a regulated person with a view to making a claim.

(5) The Lord Chancellor may by regulations make provision as to the
circumstances in which a benefit is related to the provision of legal services in
connection with a claim, including provision about benefits relating to—

(a) 40fees to be charged in respect of the legal services,

(b) expenses which are or would be necessarily incurred in connection
with the claim, or

(c) insurance to cover legal costs and expenses in connection with the
claim.

58 Effect of rules against inducements

(1) The relevant regulator must ensure that it has appropriate arrangements for
monitoring and enforcing the restriction imposed on regulated persons by
section 57.

(2) 5A regulator may make rules for the purposes of subsection (1).

(3) The rules may in particular provide that, in relation to anything done in breach
of that section, the relevant regulator may exercise any powers that the
regulator would have in relation to anything done by the regulated person in
breach of another restriction (subject to subsection (4)).

(4) 10A breach of section 57—

(a) does not make a person guilty of an offence, and

(b) does not give rise to a right of action for breach of statutory duty.

(5) Subsection (6) applies in a case where—

(a) a regulated person has offered a benefit to a person or is treated as
15having done so under section 57(4), and

(b) it appears to the regulator that the offer of the benefit is an inducement
to make a claim as mentioned in section 57(1)(b).

(6) Rules under subsection (2) may provide for the offer of the benefit to the person
to be treated as an inducement to make a claim as mentioned in section 57(1)(b)
20unless the regulated person shows—

(a) that the benefit was offered for a reason other than encouraging the
person to make a claim or to seek advice from a regulated person with
a view to making a claim, or

(b) that the benefit is related to the provision of legal services in connection
25with the claim (see regulations under section 57(5)).

59 Inducements: interpretation

(1) In relation to an offer of a benefit which is an inducement to make a claim in
civil proceedings for damages for personal injury or death or arising out of
circumstances involving personal injury or death—

(a) 30a regulator is any person listed in column 1 below;

(b) a regulated person is any person listed in column 2;

(c) a regulator in column 1 is the relevant regulator in relation to the
corresponding person in column 2.

(2) For the purposes of this section and sections 57 and 58—

• “benefit” means—

  (a)

  any benefit, whether or not in money or other property and
  whether temporary or permanent, and

  (b)

  20any opportunity to obtain a benefit;

• “claim” includes a counter-claim;

• “legal services” means services provided by a person which consist of or
  include legal activities (within the meaning of the Legal Services Act
  2007) carried on by or on behalf of that person;

• 25“personal injury” includes any disease and any other impairment of a
  person’s physical or mental condition.

(3) For the purposes of this section and section 58 whether an offer of a benefit is
an inducement to make a claim is to be determined in accordance with section
57.

60 30Inducements: regulations

(1) This section applies to regulations under section 57 or 59.

(2) The regulations are to be made by statutory instrument.

(3) The regulations may include consequential, supplementary, incidental,
transitional, transitory or saving provision.

(4) 35Regulations under section 57 may not be made unless a draft of the instrument
containing the regulations has been laid before, and approved by a resolution
of, each House of Parliament.

(5) A statutory instrument containing regulations under section 59 is subject to
annulment in pursuance of a resolution of either House of Parliament.

Appeals in civil proceedings

61 Appeals from the Court of Protection

(1) Section 53 of the Mental Capacity Act 2005 (rights of appeal from the Court of
Protection) is amended as follows.

(2) 5For subsection (2) substitute—

“(2) Court of Protection Rules may provide that, where a decision of the
court is made by a specified description of person, an appeal from the
decision lies to a specified description of judge of the court and not to
the Court of Appeal.”

(3) 10Omit subsection (3).

(4) In subsection (4)(d), omit “higher”.

62 Appeals from the High Court to the Supreme Court

(1) Part 2 of the Administration of Justice Act 1969 (appeal from High Court to
Supreme Court) is amended as follows.

(2) 15In section 12 (grant of a certificate by the trial judge enabling an appeal to the
Supreme Court), in subsection (1)—

(a) in paragraph (a), after “those proceedings” insert “or that the conditions
in subsection (3A) (“the alternative conditions”) are satisfied in relation
to those proceedings”, and

(b) 20omit paragraph (c) (requirement that all parties consent to the grant of
the certificate) and the “and” before it.

(3) After subsection (3) insert—

“(3A) The alternative conditions, in relation to a decision of the judge in any
proceedings, are that a point of law of general public importance is
25involved in the decision and that—

(a) the proceedings entail a decision relating to a matter of national
importance or consideration of such a matter,

(b) the result of the proceedings is so significant (whether
considered on its own or together with other proceedings or
30likely proceedings) that, in the opinion of the judge, a hearing
by the Supreme Court is justified, or

(c) the judge is satisfied that the benefits of earlier consideration by
the Supreme Court outweigh the benefits of consideration by
the Court of Appeal.”

(4) 35In section 16 (application of Part 2 to Northern Ireland), after subsection (1)
insert—

“(1A) In the application of this Part of this Act to Northern Ireland, section 12
has effect as if—

(a) in subsection (1)(a) there were omitted “or that the conditions in
40subsection (3A) (“the alternative conditions”) are satisfied in
relation to those proceedings”;

(b) after subsection (1)(b) there were inserted “, and

“(c) that all the parties to the proceedings consent to the
grant of a certificate under this section,”;

(c) subsection (3A) were omitted.”

63 5Appeals from the Upper Tribunal to the Supreme Court

In the Tribunals, Courts and Enforcement Act 2007, after section 14 insert—

“14A Appeal to Supreme Court: grant of certificate by Upper Tribunal

(1) If the Upper Tribunal is satisfied that—

(a) the conditions in subsection (4) or (5) are fulfilled in relation to
10the Upper Tribunal’s decision in any proceedings, and

(b) as regards that decision, a sufficient case for an appeal to the
Supreme Court has been made out to justify an application
under section 14B,

the Upper Tribunal may grant a certificate to that effect.

(2) 15The Upper Tribunal may grant a certificate under this section only on
an application made by a party to the proceedings.

(3) The Upper Tribunal may grant a certificate under this section only if the
relevant appellate court as regards the proceedings is—

(a) the Court of Appeal in England and Wales, or

(b) 20the Court of Appeal in Northern Ireland.

(4) The conditions in this subsection are that a point of law of general
public importance is involved in the decision of the Upper Tribunal and
that point of law is—

(a) a point of law that—

(i) 25relates wholly or mainly to the construction of an
enactment or statutory instrument, and

(ii) has been fully argued in the proceedings and fully
considered in the judgment of the Upper Tribunal in the
proceedings, or

(b) 30a point of law—

(i) in respect of which the Upper Tribunal is bound by a
decision of the relevant appellate court or the Supreme
Court in previous proceedings, and

(ii) that was fully considered in the judgments given by the
35relevant appellate court or, as the case may be, the
Supreme Court in those previous proceedings.

(5) The conditions in this subsection are that a point of law of general
public importance is involved in the decision of the Upper Tribunal and
that—

(a) 40the proceedings entail a decision relating to a matter of national
importance or consideration of such a matter,

(b) the result of the proceedings is so significant (whether
considered on its own or together with other proceedings or
likely proceedings) that, in the opinion of the Upper Tribunal, a
45hearing by the Supreme Court is justified, or

(c) the Upper Tribunal is satisfied that the benefits of earlier
consideration by the Supreme Court outweigh the benefits of
consideration by the Court of Appeal.

(6) Before the Upper Tribunal decides an application made to it under this
5section, the Upper Tribunal must specify the court that would be the
relevant appellate court if the application were an application for
permission (or leave) under section 13.

(7) In this section except subsection (6) and in sections 14B and 14C, “the
relevant appellate court”, as respects an application, means the court
10specified as respects that application by the Upper Tribunal under
subsection (6).

(8) No appeal lies against the grant or refusal of a certificate under
subsection (1).

14B Appeal to Supreme Court: permission to appeal

(1) 15If the Upper Tribunal grants a certificate under section 14A in relation
to any proceedings, a party to those proceedings may apply to the
Supreme Court for permission to appeal directly to the Supreme Court.

(2) An application under subsection (1) must be made—

(a) within one month from the date on which that certificate is
20granted, or

(b) within such time as the Supreme Court may allow in a
particular case.

(3) If on such an application it appears to the Supreme Court to be
expedient to do so, the Supreme Court may grant permission for such
25an appeal.

(4) If permission is granted under this section—

(a) no appeal from the decision to which the certificate relates lies
to the relevant appellate court, but

(b) an appeal lies from that decision to the Supreme Court.

(5) 30An application under subsection (1) is to be determined without a
hearing.

(6) Subject to subsection (4), no appeal lies to the relevant appellate court
from a decision of the Upper Tribunal in respect of which a certificate
is granted under section 14A until—

(a) 35the time within which an application can be made under
subsection (1) has expired, and

(b) where such an application is made, that application has been
determined in accordance with this section.

14C Appeal to Supreme Court: exclusions

(1) 40No certificate may be granted under section 14A in respect of a decision
of the Upper Tribunal in any proceedings where, by virtue of any
enactment (other than sections 14A and 14B), no appeal would lie from
that decision of the Upper Tribunal to the relevant appellate court, with
or without the permission (or leave) of the Upper Tribunal or the
45relevant appellate court.

(2) No certificate may be granted under section 14A in respect of a decision
of the Upper Tribunal in any proceedings where, by virtue of any
enactment, no appeal would lie from a decision of the relevant
appellate court on that decision of the Upper Tribunal to the Supreme
5Court, with or without the permission (or leave) of the relevant
appellate court or the Supreme Court.

(3) Where no appeal would lie to the relevant appellate court from the
decision of the Upper Tribunal except with the permission (or leave) of
the Upper Tribunal or the relevant appellate court, no certificate may
10be granted under section 14A in respect of a decision of the Upper
Tribunal unless it appears to the Upper Tribunal that it would be a
proper case for giving permission (or leave) to appeal to the relevant
appellate court.

(4) No certificate may be granted under section 14A in respect of a decision
15or order of the Upper Tribunal made by it in the exercise of its
jurisdiction to punish for contempt.”

64 Appeals from the Employment Appeal Tribunal to the Supreme Court

In the Employment Tribunals Act 1996, after section 37 insert—

“37A Appeals to Supreme Court: grant of certificate by Appeal Tribunal

(1) 20If the Appeal Tribunal is satisfied that—

(a) the conditions in subsection (4) or (5) are fulfilled in relation to
the Appeal Tribunal’s decision or order in any proceedings, and

(b) as regards that decision or order, a sufficient case for an appeal
to the Supreme Court has been made out to justify an
25application under section 37B,

the Appeal Tribunal may grant a certificate to that effect.

(2) The Appeal Tribunal may grant a certificate under this section only on
an application made by a party to the proceedings.

(3) The Appeal Tribunal may not grant a certificate under this section in
30the case of proceedings in Scotland.

(4) The conditions in this subsection are that a point of law of general
public importance is involved in the decision or order of the Appeal
Tribunal and that point of law is—

(a) a point of law that—

(i) 35relates wholly or mainly to the construction of an
enactment or statutory instrument, and

(ii) has been fully argued in the proceedings and fully
considered in the judgment of the Appeal Tribunal in
the proceedings, or

(b) 40a point of law—

(i) in respect of which the Appeal Tribunal is bound by a
decision of the Court of Appeal or the Supreme Court in
previous proceedings, and

(ii) that was fully considered in the judgments given by the
45Court of Appeal or, as the case may be, the Supreme
Court in those previous proceedings.

(5) The conditions in this subsection are that a point of law of general
public importance is involved in the decision or order of the Appeal
Tribunal and that—

(a) the proceedings entail a decision relating to a matter of national
5importance or consideration of such a matter,

(b) the result of the proceedings is so significant (whether
considered on its own or together with other proceedings or
likely proceedings) that, in the opinion of the Appeal Tribunal,
a hearing by the Supreme Court is justified, or

(c) 10the Appeal Tribunal is satisfied that the benefits of earlier
consideration by the Supreme Court outweigh the benefits of
consideration by the Court of Appeal.

(6) No appeal lies against the grant or refusal of a certificate under
subsection (1).

37B 15Appeals to Supreme Court: permission to appeal

(1) If the Appeal Tribunal grants a certificate under section 37A in relation
to any proceedings, a party to those proceedings may apply to the
Supreme Court for permission to appeal directly to the Supreme Court.

(2) An application under subsection (1) must be made—

(a) 20within one month from the date on which the certificate is
granted, or

(b) within such time as the Supreme Court may allow in a
particular case.

(3) If on such an application it appears to the Supreme Court to be
25expedient to do so, the Supreme Court may grant permission for such
an appeal.

(4) If permission is granted under this section—

(a) no appeal from the decision or order to which the certificate
relates lies to the Court of Appeal, but

(b) 30an appeal lies from that decision or order to the Supreme Court.

(5) An application under subsection (1) is to be determined without a
hearing.

(6) Subject to subsection (4), no appeal lies to the Court of Appeal from a
decision or order of the Appeal Tribunal in respect of which a certificate
35is granted under section 37A until—

(a) the time within which an application can be made under
subsection (1) has expired, and

(b) where such an application is made, that application has been
determined in accordance with this section.

37C 40Appeals to Supreme Court: exclusions

(1) No certificate may be granted under section 37A in respect of a decision
or order of the Appeal Tribunal in any proceedings where, by virtue of
any enactment (other than sections 37A and 37B), no appeal would lie
from that decision or order of the Appeal Tribunal to the Court of
45Appeal, with or without the leave or permission of the Appeal Tribunal
or the Court of Appeal.

(2) No certificate may be granted under section 37A in respect of a decision
or order of the Appeal Tribunal in any proceedings where, by virtue of
any enactment, no appeal would lie from a decision of the Court of
Appeal on that decision or order of the Appeal Tribunal to the Supreme
5Court, with or without the leave or permission of the Court of Appeal
or the Supreme Court.

(3) Where no appeal would lie to the Court of Appeal from the decision or
order of the Appeal Tribunal except with the leave or permission of the
Appeal Tribunal or the Court of Appeal, no certificate may be granted
10under section 37A in respect of a decision or order of the Appeal
Tribunal unless it appears to the Appeal Tribunal that it would be a
proper case for granting leave or permission to appeal to the Court of
Appeal.

(4) No certificate may be granted under section 37A where the decision or
15order of the Appeal Tribunal is made in the exercise of its jurisdiction
to punish for contempt.”

65 Appeals from the Special Immigration Appeals Commission to the Supreme
Court

(1) The Special Immigration Appeals Commission Act 1997 is amended as follows.

(2) 20Before section 8 insert—

“7B Appeals to Supreme Court: grant of certificate by Commission

(1) If the Special Immigration Appeals Commission is satisfied that—

(a) the conditions in subsection (4) or (5) are fulfilled in relation to
a final determination to which section 7(1) or (1A) applies, and

(b) 25in respect of that final determination, a sufficient case for an
appeal to the Supreme Court has been made out to justify an
application under section 7C,

the Commission may grant a certificate to that effect.

(2) The Commission may grant a certificate under this section only on an
30application made by a party to the appeal or review to which the final
determination relates.

(3) The Commission may not grant a certificate under this section if the
final determination is made by the Commission in Scotland.